Canadian Criminal Law/Offences/Pointing a Firearm
|Pointing a Firearm|
|s. 87 of the Crim. Code|
|Election / Plea|
|Jurisdiction||Prov. Court |
SC Judge + PI (I)
SC Jury + PI (I) (536(2))
|Avail. Disp.||Discharge (730)|
Conditional Sentence (742.1)
|Maximum||6 months jail or $5,000 fine|
|Avail. Disp.||same as summary|
|Offence Elements |
Legislation[edit | edit source]
Pointing a firearm
87. (1) Every person commits an offence who, without lawful excuse, points a firearm at another person, whether the firearm is loaded or unloaded.
R.S., 1985, c. C-46, s. 87; 1995, c. 39, s. 139.
Proof of Offence[edit | edit source]
- ♰ identity of accused
- ♰ date and time of incident
- ♰ jurisdiction (incl. region and province)
- ♰ the accused possessed an object
- ♰ the object was a firearm
- ♰ description of the firearm / ballistics test report
- ♰ the accused pointed it at a person
The essential elements to prove are those in bold.
Interpretation[edit | edit source]
Section 2 defines "firearm".
This offence does not include imitation firearms.